Employment Judge T Vincent RyanMr M Williams (instructed by Counsel) for claimantMr J Allsop (instructed by Counsel) for respondentDate 7 December 2022
JUDGMENT
[1]The claimant made a protected disclosure by email dated 22nd September 2021 as claimed, but none other.[2]The claimant was unfairly dismissed; his claim of Unfair Dismissal contrary to sections 94 and 98 Employment Rights Act 1996 (“ordinary Unfair dismissal”) is well-founded and succeeds.[3]The reason for the claimant’s dismissal was not that he had made a protected disclosure; his claim of Automatic Unfair Dismissal (s.103A Employment Rights Act 1996) fails and is dismissed.[4]By CONSENT, the remedy hearing is adjourned to allow the parties to implement the agreed terms of settlement whereby the respondent shall pay to the claimant the sum of £16,390.60. Either party may apply to restore the case for further hearing in default. If no such application is received by 4p.m. on 23rd December 2022 the claim for a remedy pursuant to the above liability judgment shall be dismissed on deemed withdrawal. I have not heard evidence on remedy nor made a quantum judgment; the Recoupment Provisions do not apply.